B GANESH Vs. MANDAL REVENUE OFFICER WARANGAL

JUDGEMENT

(1.) This writ petition was filed by three petitioners, who are retail kerosene licensees selling subsidized kerosene in the limits of Municipal Corporation, Warangal, seeking a writ, order or direction, more particularly one in the nature of writ of mandamus declaring the order Rc. No. B1/336/99 dated 8-5-1999 passed by the first respondent, Mandal Revenue Officer, Hanmakonda, Dist. Warangal as illegal, arbitrary and to pass such further orders.

(2.) The first respondent passed the impugned order in order to streamline the distribution of the kerosene and to rationalize the allotment of coupons for supply of kerosene and consequently shifted certain cards from one shop to another shop. Therefore, the petitioners, who are allotted the shop No. 144-A, were shifted to shop No. 7, 11 and 12 respectively. Aggrieved by the said order, the present writ petition was filed.

(3.) It is submitted by the petitioners that they were granted license Nos. 580, 579 and 311 by the Mandal Revenue Officer, Hanmakonda, in the year 1986 to sell subsidized kerosene to the card holders and allotted to the area of 4th Battalion, Mamnoor. From 1996 onwards, the petitioners are distributing kerosene allotted to them to the card holders by maintaining true and correct accounts, and there was no complaint whatsoever either in distribution of kerosene or maintenance of records. It is further submitted that the area to which the petitioners were allotted fall within the jurisdiction of gram Panchayat, Thimmapur. It is further submitted that the system of coupons was introduced in Municipal Area, Warangal, in the month of January, 1999 and the dealers and consumers residing in Warangal Municipal Corporation were given coupons. While the petitioners were doing business in their area allotted to them, the first respondent issued the impugned proceedings shifting the petitioners from the area of Gram Panchayat to the Corporation Area i.e, Diesel Colony, Kazipet , Dargah, Jubille Market of Kazipet which is situated about 30 K. Ms. away from the area where the petitioners are now doing their business. They further submitted that the intention and the scope of the impugned order is only to adjust the quota among the dealers and hawkers situated in the Municipal Corporation area and the petitioners shall not be equated with that of the dealers and hawkers situated in the Municipal Corporation area. However, they made representation to the Mandal Revenue Officer and the Joint Collector to reconsider the matter. It is further contended that under the A.P. Petroleum Products Order, 1980, the first respondent has no authority to transfer or shift the area of business of the dealer or hawker from one place to another and as such the impugned order shifting the place of business of the petitioners viz. from 4th Battalion of Thimmapur Gram Panchayat i.e. shop No. 144-A to shop Nos. 7, 11 and 12 of the Diesel Colony, Kazipet, Dargah and Jubilee Market, Kazipet is without power and jurisdiction and hence, liable to be set aside.